Over the past two decades, the risk of a motorist and/or vehicle passengers being injured or killed in a big rig accident has increased dramatically. The number of fatalities in crashes involving large trucks declined nearly 45 percent between 1997 and 2009, according to data from the U.S. Department of Transportation. However, the past decade has seen those numbers trending upward.

A recent injury lawsuit filed by an Alabama woman illustrates the increasing danger of injury and death on America’s highways due to the careless operation of large tractor-trailer combinations.

The Complaint

Plaintiff Lauren N. reports in her big rig accident lawsuit that during the daylight hours of Sept. 18, 2017,  she was traveling southbound on Interstate 85, driving at the speed limit of 70 miles per hour. According to her complaint, the defendant, driving a large company truck and trailer, was traveling slowly in the same direction in the outside lane.

Lauren then alleges that the defendant suddenly changed lanes in front of her without warning or signaling, causing her to collide with his vehicle.

As a result of the accident, the plaintiff suffered back injuries, resulting in ongoing pain and requiring continuing treatment. She also continues to suffer mental anguish and claims economic losses due to medical bills and disability.

The complaint, filed on Nov. 14, 2018, alleges that the operator of the truck was negligent and acted with wanton disregard. The big rig accident lawsuit also claims that the trucking  company failed to properly train and supervise the operator in the course of his duties. Lauren is seeking compensatory and punitive damages from the defendant and his employer.

Why Are Big Rig Accident Cases on the Rise?

Since the U.S. Department of Transportation (USDOT) began keeping records in 1975, the deadliest year for big rig accident incidents was 1979, when there were a total of 4,226 fatalities.

Over the past four decades, those numbers have generally trended downward, reaching a low of 2,223 in 2009. However, since that time, fatalities have again been on the rise.  On the average, 4,000 Americans are killed annually because of a big rig accident.

One major reason for this trend is driver fatigue. Although regulations limit the number of hours a truck driver is allowed to be behind the wheel, most truckers are paid on a per-mile basis; essentially, if they are not moving, they do not get paid.

Because of this, there is an incentive to skirt regulations in order to log as many miles as possible. At the same time, there is a labor shortage in the trucking industry – and companies lose revenue when goods are not delivered on time. Therefore, trucking companies have an incentive not to enforce regulations.

Another reason truckers and their employers are able to get around the rules is because miles are still logged on paper. Although electronic logging technology has been available for many years, trucking companies as well as independent owner-operators have resisted the adoption of such record keeping methods – and the accountability it would bring.

Yet another factor that litigation attorneys are seeing is equipment failure due to a lack of proper maintenance. Again, this goes back to trucking companies’ ongoing attempts to maximize profits by cutting operation costs – and ultimately, big rig accident victims pay the price.

If You or a Family Member Have Been in a Big Rig Accident

A person who suffered an injury or has a family member who has been injured or killed in a big rig accident may have cause to bring legal action against the operator as well as the corporate owner of the vehicle. Plaintiffs may be entitled to compensation for medical bills, loss of income, pain and suffering and punitive damages.

The current Big Rig Accident Lawsuit is Case No. 1:18-cv-00478, District Court for the Southern District of Alabama.